| Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 09/30/2020) |
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| SERIAL NUMBER | 87657585 |
| LAW OFFICE ASSIGNED | LAW OFFICE 104 |
| MARK SECTION | |
| MARK | mark |
| LITERAL ELEMENT | OPTIMA |
| STANDARD CHARACTERS | YES |
| USPTO-GENERATED IMAGE | YES |
| MARK STATEMENT | The mark consists of standard characters, without claim to any particular font style, size or color. |
| OWNER SECTION (current) | |
| NAME | New Flyer Industries Canada ULC |
| MAILING ADDRESS | 711 Kernaghan Avenue |
| CITY | Winnipeg |
| ZIP/POSTAL CODE | R2C3T4 |
| COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | Canada |
| PHONE | +1-4167772393 |
| FAX | 844-670-6009 |
| OWNER SECTION (proposed) | |
| NAME | New Flyer Industries Canada ULC |
| MAILING ADDRESS | 711 Kernaghan Avenue |
| CITY | Winnipeg |
| ZIP/POSTAL CODE | R2C3T4 |
| COUNTRY/REGION/JURISDICTION/U.S. TERRITORY | Canada |
| PHONE | +1-4167772393 |
| FAX | 844-670-6009 |
| XXXX | |
| EVIDENCE SECTION | |
| EVIDENCE FILE NAME(S) | |
| ORIGINAL PDF FILE | evi_1926457167-2020103014 2755188605_._Response_to_ OA_dated_2020_05_04.pdf |
| CONVERTED PDF FILE(S)
(3 pages) | \\TICRS\EXPORT18\IMAGEOUT 18\876\575\87657585\xml2\ ROA0002.JPG |
| \\TICRS\EXPORT18\IMAGEOUT 18\876\575\87657585\xml2\ ROA0003.JPG | |
| \\TICRS\EXPORT18\IMAGEOUT 18\876\575\87657585\xml2\ ROA0004.JPG | |
| DESCRIPTION OF EVIDENCE FILE | Attached to this electronic response is a full written response, in .pdf form. In the event that any response to any specific objection is omitted from the menu-driven electronic response, or in the event of any discrepancy between the electronic and written responses, Applicant intends that the written response will control. For clarity, Applicant has responded to both the Section 2(d) and specimen refusals, in part, by deleting Classes 39 and 41 from the application. |
| GOODS AND/OR SERVICES SECTION (009) (no change) | |
| GOODS AND/OR SERVICES SECTION (039)(class deleted) | |
| GOODS AND/OR SERVICES SECTION (041)(class deleted) | |
| ADDITIONAL STATEMENTS SECTION | |
| ACTIVE PRIOR REGISTRATION(S) | The applicant claims ownership of active prior U.S. Registration Number(s) 2997153. |
| MISCELLANEOUS STATEMENT | Attached to this electronic response is a full written response, in .pdf form. In the event that any response to any specific objection is omitted from the menu-driven electronic response, or in the event of any discrepancy between the electronic and written responses, Applicant intends that the written response will control. Applicant has responded to the Section 2(d) and specimen refusals by deleting classes 39 and 41 from the application. |
| CORRESPONDENCE INFORMATION (current) | |
| NAME | Matthew J. Marquardt |
| PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | marquardt@pckip.com |
| SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | docketing@pckip.com; henrie@pckip.com |
| CORRESPONDENCE INFORMATION (proposed) | |
| NAME | Matthew J. Marquardt |
| PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | marquardt@pckip.com |
| SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | docketing@pckip.com; rebeiro@pckip.com |
| SIGNATURE SECTION | |
| DECLARATION SIGNATURE | /Matthew J. MARQUARDT/ |
| SIGNATORY'S NAME | Matthew J. MARQUARDT |
| SIGNATORY'S POSITION | Attorney of record, member Washington and New York State bars |
| SIGNATORY'S PHONE NUMBER | 4167089806 |
| DATE SIGNED | 10/30/2020 |
| RESPONSE SIGNATURE | /Matthew J. MARQUARDT/ |
| SIGNATORY'S NAME | Matthew J. MARQUARDT |
| SIGNATORY'S POSITION | Attorney of record, member Washington and New York state bars |
| SIGNATORY'S PHONE NUMBER | 4167089806 |
| DATE SIGNED | 10/30/2020 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Fri Oct 30 14:45:36 ET 2020 |
| TEAS STAMP | USPTO/ROA-XXX.XX.XX.XXX-2 0201030144536437465-87657 585-7506e5365cab5cdcbd79f 5c463b9c5b3938c1f6ce51332 c41ac9c961851c84cbca-N/A- N/A-20201030142755188605 |
| Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 09/30/2020) |
DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.